Police and Criminal Evidence Act 1984

62 Intimate samples. E+W

(1) An intimate sample may be taken from a person in police detention only—

(a) if a police officer of at least the rank of superintendent authorises it to be taken; and

(b) if the appropriate consent is given.

[F1 (1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—

(a) if a police officer of at least the rank of superintendent authorises it to be taken; and

(b) if the appropriate consent is given.]

(2) An officer may only give an authorisation [F2 under subsection (1) or (1A) above] if he has reasonable grounds—

(a) for suspecting the involvement of the person from whom the sample is to be taken in a [F3 recordable offence]; and

(b) for believing that the sample will tend to confirm or disprove his involvement.

(3) An officer may give an authorisation under subsection (1) [F4 or (1A)] above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4) The appropriate consent must be given in writing.

(5) Where—

(a) an authorisation has been given; and

(b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—

(i) of the giving of the authorisation; and

(ii) of the grounds for giving it.

(6) The duty imposed by subsection (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(7) If an intimate sample is taken from a person—

(a) the authorisation by virtue of which it was taken;

(b) the grounds for giving the authorisation; and

(c) the fact that the appropriate consent was given,

shall be recorded as soon as is practicable after the sample is taken.

[F5 (7A) If an intimate sample is taken from a person at a police station—

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.]

(8) If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) [F6 or (7A)] above shall be recorded in his custody record.

(9) An intimate sample, other than a sample of urine [F7 or a dental impression], may only be taken from a person by a registered medical practitioner [F8 and a dental impression may only be taken by a registered dentist]

(10) Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—

(a) the court, in determining—

(i) whether to commit that person for trial; or

(ii) whether there is a case to answer; and

[F9 (aa) a judge, in deciding whether to grant an application made by the accused under—

(i) section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or

(ii) paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); and]

(b) the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper F10 . . ..

(11) Nothing in this section affects [F11 sections 4 to 11 of the Road Traffic Act 1988].

[F12 (12) Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.]

Textual Amendments

F1 S. 62(1A) inserted (10.4.1995) by 1994 c. 33, s. 54(2); S.I. 1995/721, art. 2,Sch.

F2 Words in s. 62(2) inserted (10.4.1995) by 1994 c. 33, s. 54(3)(a); S.I. 1995/721, art. 2,Sch.

F3 Words in s. 62(2)(a) substituted (10.4.1995) by 1994 c. 33, s. 54(3)(b); S.I. 1995/721, art. 2,Sch.

F4 Words in s. 62(3) inserted (10.4.1995) by 1994 c. 33, s. 54(4); S.I. 1995/721, art. 2,Sch.

F5 S. 62(7A) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 57(a); S.I. 1995/721, art. 2, Sch. AppendixA

F6 Words in s. 62(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 57(b); S.I. 1995/721, art. 2, Sch. AppendixA

F7 Words in s. 62(9) substituted (10.4.1995) by 1994 c. 33, s. 54(5)(a); S.I. 1995/721, art. 2,Sch.

F8 Words inserted at the end of s. 62(9) (10.4.1995) by 1994 c. 33, s. 54(5)(b); S.I. 1995/721, art. 2,Sch.

F9 S. 62(10)(aa) inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para. 24; S.I. 1995/127, art. 2(1), Sch. Appendix A

F10 Words in s. 62(10) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch.11; S.I. 1995/721, art. 2, Sch. AppendixB

F11 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(4)

F12 S. 62(12) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 62(4)(a); S.I. 1995/721, art. 2, Sch. AppendixA

Modifications etc. (not altering text)

C1 S. 62 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 7

S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, Sch. 5 para. 7(6A)-(6D) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(3)); S.I. 1995/721, art. 2, Sch. AppendixA

S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, s. 15(11)-(14) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(2); S.I. 1995/721, art. 2, Sch. AppendixA)

S. 62(1)-(3)(5)-(7)(7A)(9)(10) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

S. 62(4)(6) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

C2 S. 62 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 62 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4